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Judgment
Ms. R. Mala, J.—This petition has been filed to call for records pertaining to C.C. No.2488 of 2013 on the file of the Fast Track IV Metropolitan Magistrate, Chennai and quash the same as against the petitioner.
The petitioner has filed the petition for quashing the proceedings in C.C. No.2488 of 2013 stating that he is not the proprietor of M/s. Balaji Dhall Mill and hence no liability has been fastened against him under section 138 of Negotiable Instruments Act. Hence he has come forward with this petition for quashing the proceedings against the petitioner.
Resisting the same, the learned counsel for the respondent would submit that though he is not the proprietor of the concern, he is taking part in the business and he is also liable for criminal prosecution under section 138 of the Negotiable Instruments Act and prayed for dismissal of the petition.
Considering the rival submissions made on both sides, the petitioner is neither the proprietor of M/s. Sri Balaji Dhall Mill nor signatory of the cheque. Hence he is not liable for prosecution. No criminal liability has been fascinated against the petitioner. Merely because he is the husband of the proprietrix, he is not liable for prosecution. Hence it is a fit case for quashing the proceedings against the petitioner in C.C. No.2488 of 2013 on the file of the Fast Track No. IV Metropolitan Magistrate, George Town, Chennai.
Hence, this Criminal Original Petition is allowed and the proceedings in C.C. No.2488 of 2013 on the file of the Fast Track No. IV Metropolitan Magistrate, George Town, Chennai, against this petitioner, who is arrayed as first accused, is hereby quashed. Consequently, the connected miscellaneous petitions are closed.